Abuse of process

Abuse of process

Abuse of process is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts.

The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: it is the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. "Process" in this context is used in the same sense as in "service of process," where "process" refers to an official summons or other notice issued from a court. The person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution. Subpoenas to testify, attachments of property, executions on property, garnishments, and other provisional remedies are among the types of "process" considered to be capable of abuse.

ee also

*frivolous lawsuit
*vexatious litigation
*barratry
*SLAPP


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Look at other dictionaries:

  • abuse of process — abuse of process: the tort of bringing and following through with a civil or criminal action for a purpose known to be different from the purpose for which the action was designed compare malicious prosecution Merriam Webster’s Dictionary of Law …   Law dictionary

  • abuse of process — Process. The gist of an action for abuse of process is improper use or perversion of process after it has been issued. Publix Drug Co. v. Breyer Ice Cream Co., 347 Pa. 346, 32 A.2d 413, 415. A malicious abuse of legal process occurs where the… …   Black's law dictionary

  • abuse of process — Process. The gist of an action for abuse of process is improper use or perversion of process after it has been issued. Publix Drug Co. v. Breyer Ice Cream Co., 347 Pa. 346, 32 A.2d 413, 415. A malicious abuse of legal process occurs where the… …   Black's law dictionary

  • abuse of process — The malicious perversion of a regularly issued civil or criminal process, for a purpose, and to obtain a result not lawfully warranted or properly attainable thereby, and for which perversion an action will lie to recover the pecuniary loss… …   Ballentine's law dictionary

  • abuse of process — noun A cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action …   Wiktionary

  • abuse of process — law : the malicious use of a regular judicial proceeding without probable cause …   Useful english dictionary

  • abuse — 1 /ə byüz/ vt abused, abus·ing 1: to put to a use other than the one intended: as a: to put to a bad or unfair use abusing the powers of office b: to put to improper or excessive use abuse narcotics …   Law dictionary

  • process — pro·cess / prä ˌses, prō / n 1: a continuous operation, art, or method esp. in manufacture whoever invents or discovers any new and useful process...may obtain a patent therefor U.S. Code 2 a: procedure (1) see also …   Law dictionary

  • malicious abuse of process — A wilful and intentional abuse or misuse of process to attain an objective which is unlawful in itself or beyond the purposes for which the process may be legally employed. Anno: 14 ALR2d 322; 1 Am J2d Abuse P § 6 …   Ballentine's law dictionary

  • abuse — /abyiiws/ 1. noun Everything which is contrary to good order established by usage. Departure from reasonable use; immoderate or improper use. Physical or mental maltreatment. Misuse. Deception. To wrong in speech, reproach coarsely, disparage,… …   Black's law dictionary

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